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Employment Law for Human Resource Practice With Infotrac,9780324180671
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Employment Law for Human Resource Practice With Infotrac

by
Edition:
1st
ISBN13:

9780324180671

ISBN10:
0324180675
Format:
Paperback
Pub. Date:
7/14/2003
Publisher(s):
South-Western College/West
List Price: $196.66
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Summary

This text surveys the extensive and growing body of law regulating the employment relationship and influencing virtually every area of human resource practice. Each chapter explicitly considers the implications of the law for human resource practices. Chapters are organized around specific human resource practices.

Table of Contents

PART 1 INTRODUCTION TO EMPLOYMENT LAW
Overview of Employment Law
Clippings
3(1)
Heard at the Staff Meeting
4(1)
U.S. Employment Law Is a Fragmented Work-in-Progress
5(1)
Sources of Employment Law
5(2)
Constitutions
6(1)
Statutes
6(1)
Executive Orders
6(1)
Regulations, Guidelines, and Administrative Decisions
6(1)
Common Law
7(1)
Substantive Rights Under Employment Law
7(1)
Nondiscrimination and Equal Employment Opportunity
7(1)
Freedom to Engage in Concerted Activity and Collective Bargaining
7(1)
Terms and Conditions of Employment That Meet Minimum Standards
8(1)
Protection of Fundamental Rights
8(1)
Compensation for Certain Types of Harm
8(1)
Determining Which Employment Laws Apply
8(3)
Public or Private Sector Employment
8(1)
Unionized or Nonunion Workplace
9(1)
Employer Size
9(2)
Geographic Location
11(1)
Government Contracts
11(1)
Industry and Occupation
11(1)
Historical Development of U.S. Employment Law
11(2)
Procedures for Enforcing Employment Laws
13(3)
What Does an Employee Decide to Do When She Believes That Her Rights Were Violated?
13(1)
When Does the Employer Become Aware That There Is a Problem?
14(1)
How Long Does the Employee Have to Bring a Case?
14(1)
Can a Lawsuit Be Brought? By Whom?
15(1)
The Changing Workplace: Alternative Dispute Resolution Procedures
16(6)
Is There an Administrative Prerequisite to a Lawsuit?
16(1)
Must the Employee Exhaust Internal Dispute Resolution Mechanisms Before Proceeding?
17(1)
Enforceability of Mandatory Arbitration Agreements
17(1)
Circuit City Stores v. Saint Clair Adams
18(2)
Hooters of America v. Phillips
20(2)
Remedies for Violations of Employment Laws
22(1)
Implications of the Changing Workplace for U.S. Employment Law
23(4)
The Employment Relationship
Clippings
27(1)
The Importance of Determining Whether an Employment Relationship Exists
28(1)
The Difficulty of Determining Whether an Employment Relationship Exists
28(1)
The Changing Workplace: Growth of the Contingent Workforce
29(1)
Who Is an Employee?
29(12)
Independent Contractors
30(1)
Donovan v. DialAmerica Marketing
31(3)
Nelson v. Yellow Cab Co.
34(2)
Temporary Workers
36(1)
Students and Interns
37(1)
New York University
38(1)
Volunteers
39(1)
Partners
40(1)
A Few Other Issues Concerning Employee Status
41(1)
Who Is the Employer?
41(10)
Responsibility for the Actions of Supervisors and Other Agents
42(1)
Single, Integrated Enterprise
42(1)
Joint Employers
43(1)
NLRB v. Western Temporary Services and the Classic Company
44(2)
A Few Other Issues Concerning Employer Status
46(5)
Overview of Employment Discrimination
Clippings
51(1)
The Continuing Reality of Employment Discrimination
52(1)
The Concept of Employment Discrimination
52(1)
The Changing Workplace: The Contemporary Face of Discrimination
53(2)
Protected Classes
54(1)
Types of Discrimination
55(3)
Disparate Treatment
56(1)
Adverse Impact
56(1)
Failure to Reasonably Accommodate
56(1)
Retaliation
57(1)
Disparate Treatment---A Closer Look
58(8)
Types of Disparate Treatment
58(2)
Analyzing Pretext Cases
60(1)
McDonnell Douglas v. Green
61(4)
Reeves v. Sanderson Plumbing
65(1)
Adverse Impact---A Closer Look
66(4)
Analyzing Adverse Impact Cases
67(1)
Griggs v. Duke Power
68(2)
Retaliation---A Closer Look
70(7)
PART 2 THE HIRING PROCESS
Recruitment, Applications, and Interviews
Clippings
77(1)
Recruitment
78(8)
Evidence of Discrimination in Recruitment
78(1)
Recruitment Mechanisms
79(1)
EEOC v. Joe's Stone Crab
80(6)
Applications and Interviews
86(3)
Application Process
86(1)
Thomas v. Washington County School Board
87(2)
The Changing Workplace: Recruiting Foreign Nationals for U.S. Employment
89(16)
Preemployment Inquiries
91(3)
Griffin v. Steeltek
94(2)
Statements by Employers
96(1)
False Statements by Employees
97(2)
Civil Service Systems
99(6)
Background Checks, References, and Verifying Employment Eligibility
Clippings
105(1)
Background Checks
105(8)
Employer Responsibility for Employee Wrongdoing
106(3)
Conducting Background Checks: General Advice
109(1)
Ponticas v. K.M.S. Investments
110(3)
References
113(8)
Defamation
113(2)
Sigal Construction v. Stanbury
115(2)
Should Employers Provide Substantive References?
117(1)
Davis v. Board of County Commissioners of Dona Ana County
118(3)
Criminal Records
121(1)
Credit Reports---Fair Credit Reporting Act
122(2)
Verifying Employment Eligibility
124(1)
Immigration Reform and Control Act Requirements
124(1)
The Changing Workplace: Immigration and the U.S. Workforce
125(6)
Employment Testing
Clippings
131(1)
Drug Tests
132(7)
Drug-Testing Procedures
133(1)
Anchorage Police Department Employees Ass'n v. Municipality of Anchorage
134(5)
Medical Examinations
139(3)
Medical Examinations and the ADA
139(2)
Alcohol Tests
141(1)
HIV Tests
141(1)
Polygraphs and Honesty Tests
142(1)
The Changing Workplace: Genetic Testing of Applicants and Employees
143(1)
Employee Polygraph Protection Act
144(1)
Scored Tests of Ability
144(15)
Examining Test Items
145(1)
Examining Test Results
145(1)
Establishing That Tests Are Job-Related and Consistent with Business Necessity
146(3)
Albemarle Paper Co. v. Moody
149(2)
Determining Appropriate Cutoff Levels for Test Scores
151(1)
Lanning v. Septa
152(2)
Accommodating Disabled Persons in Testing
154(5)
Hiring and Promotion Decisions
Clippings
159(1)
Criteria for Hiring and Promotion Decisions
160(8)
Protected Class Characteristics---BFOQ Defense
160(5)
Frank v. United Airlines
165(2)
Other Subjective Criteria
167(1)
Offering and Accepting Employment
168(3)
Medina v. Ramsey Steel Co.
169(2)
The Changing Workplace: Legal Implications of Changes in Jobs and Hiring Criteria
171(2)
Obstacles to Advancement on the Job
173(14)
Promotions
173(1)
Butler v. Home Depot
174(3)
Glass Ceilings
177(2)
Seniority and the BFSS Defense
179(8)
PART 3 MANAGING A DIVERSE WORKFORCE
Affirmative Action
Clippings
187(1)
When Is Affirmative Action Required?
188(2)
Government Contractors
188(2)
Settlements and Court Orders
190(1)
Distinguishing Legal Affirmative Action from Reverse Discrimination
190(9)
The Legality of Affirmative Action Under Title VII
192(1)
Johnson v. Transportation Agency, Santa Clara County
193(3)
Taxman v. Board of Education of the Township of Piscataway
196(2)
The Legality of Affirmative Action Under the U.S. Constitution
198(1)
Ingredients of Affirmative Action Plans
199(4)
Reasonable Self-Analysis
199(1)
Reasonable Basis for Affirmative Action
200(2)
Reasonable Affirmative Actions
202(1)
Evaluating Affirmative Action
203(5)
Officers for Justice v. City and County of San Francisco
205(2)
Effects of Affirmative Action
207(1)
The Changing Workplace: Diversity and Affirmative Action
208(7)
Harassment
Clippings
215(1)
Harassment as a Form of Discrimination
216(1)
``Because of Sex''
216(1)
The Changing Workplace: Harassment and Contemporary Discrimination
217(3)
Oncale v. Sundowner Offshore Services
218(2)
Recognizing Harassment
220(7)
What Behaviors Constitute Harassment?
220(3)
Harris v. Forklift Systems
223(3)
When Are Harassing Behaviors Unwelcome?
226(1)
Liability for Harassment
227(3)
Harassment by Top Officials, Managers, and Supervisors
227(2)
Harassment by Coworkers or Third Parties
229(1)
Eliminating Harassment
230(13)
Harassment Policies and Complaint Procedures
230(1)
Wilson v. Tulsa Junior College
231(4)
Responding to Reports of Harassment
235(8)
Reasonably Accommodating Disability and Religion
Clippings
243(1)
Reasonable Accommodation of Disability
244(11)
Disability
244(2)
Toyota Motor Manufacturing v. Williams
246(3)
``Qualified''
249(2)
Examples of Reasonable Accommodation of Disability
251(1)
The Process of Reasonably Accommodating Disability
252(2)
What Makes an Accommodation Reasonable?
254(1)
The Changing Workplace: Attendance Requirements and Disabled Persons
255(5)
U.S. Airways v. Barnett
257
When Does an Accommodation Impose Undue Hardship?
256(4)
Reasonable Accommodation of Religion
260(3)
Religion
260(1)
Failure to Reasonably Accommodate Religion
261(2)
Religious Advocacy and Religious Harassment
263(2)
Religious Organization Exemption
265(6)
Work-Life Conflicts and Other Diversity Issues
Clippings
271(1)
Work-Life Conflicts and Employer Leave Policies
272(1)
Leave Under the Family and Medical Leave Act
272(1)
The Changing Workplace: Workforce Diversity and Work-Life Conflicts
273(11)
Bachelder v. America West Airlines
277(5)
Leave Policies
282(1)
Leave and the Pregnancy Discrimination Act
283(1)
Leave to Perform Civic Duties
283(1)
Language Requirements and National Origin Discrimination
284(5)
English Fluency and Accents
285(1)
English-Only Rules
286(1)
EEOC v. Premier Operator Services
287(2)
Discrimination Based on Sexual Orientation
289(12)
Protection Under Federal Law
289(2)
McVeigh v. Cohen
291(2)
Protection Under State and Local Laws
293(8)
PART 4 PAY, BENEFITS, TERMS AND CONDITIONS OF EMPLOYMENT
Wages, Hours, and Pay Equity
Clippings
301(1)
Fair Labor Standards Act---Wage and Hour Standards
302(3)
Minimum Wage
302(1)
Overtime Pay
303(1)
Determining Compliance with Wage and Hour Standards
304(1)
Compensation Received
304(1)
The Changing Workplace: Work Hours and the Intensification of Work
305(13)
Compensable Hours
306(1)
Pabst v. Oklahoma Gas & Electric Co.
307(3)
Exemptions from FLSA Requirements
310(5)
Jackson v. Go-Tane Services
315(3)
Other Wage Laws
318(2)
What About Farm Workers?
319(1)
Limitations on Work Hours
320(1)
Discrimination in Pay---Equal Pay Act
321(5)
Prima Facie Case of Pay Discrimination
321(1)
Factors Other Than Sex
322(1)
Stanley v. University of Southern California
323(2)
Comparable Worth
325(1)
Pay Secrecy Policies
326(5)
Benefits
Clippings
331(1)
What Benefits Must Employers Provide?
332(1)
What Does ERISA Require?
332(9)
Inform Employees About Their Benefits
333(1)
Deliver on Promised Benefits
334(1)
Lain v. UNUM Life Insurance Co.
335(2)
Provide Claims and Appeals Procedures for Benefits
337(1)
Manage Plans Wisely and in Employees' Interest---Fiduciary Duties
338(1)
Refrain from Interference with or Retaliation Against Beneficiaries
338(1)
Griggs v. E.I. DuPont de Nemours & Co.
339(2)
Pensions
341(3)
Vesting and Participation
341(1)
Types of Pension Plans
342(1)
Cash-Balance Plans
343(1)
The Changing Workplace: Defined Contribution Plans and Shifting Risk
344(1)
Older Workers and Benefit Plans
345(1)
Health Insurance
346(6)
Legal Challenges to Managed Care
346(1)
Maintaining Health Insurance Coverage---COBRA and HIPAA
347(2)
McDowell v. Krawchison
349(2)
Discrimination in Health Insurance Benefits
351(1)
Domestic Partner Benefits
352(7)
Unions and Collective Bargaining
Clippings
359(1)
The Idea of Collective Bargaining
360(1)
Basic Features of the National Labor Relations Act
361(7)
Employee Rights Under the NLRA
362(2)
NLRB v. Caval Tool Division
364(2)
Unfair Labor Practices
366(2)
The Changing Workplace: Employee Involvement Programs and the NLRA
368(3)
Crown Cork & Seal Co.
369(2)
Union Organizing and Representation Elections
371(7)
Union Organizing Campaigns
371(1)
Employer Responses to Union Organizing
371(1)
Multi-Ad Services v. NLRB
372(4)
Representation Election Procedures
376(2)
Bargaining
378(5)
Duty to Bargain in Good Faith
378(2)
What Happens When Parties Cannot Reach Agreement?
380(3)
Labor Agreements
383(8)
Enforcing Labor Agreements---Grievance Procedures and Arbitration
383(8)
Occupational Safety and Health
Clippings
391(1)
Basic Features of the Occupational Safety and Health Act
392(6)
How Safe Is ``Safe Enough''?
393(4)
How Is the OSH Act Enforced?
397(1)
The Changing Workplace: The Problem of Ergonomic Hazards
398(6)
Secretary of Labor v. Beverly Enterprises
399(4)
Recording and Reporting Requirements
403(1)
Means of Preventing Occupational Injuries and Illnesses
404(1)
Basic Features of State Workers' Compensation Statutes
405(9)
Exclusive Remedy
407(1)
Laidlow v. Hariton Machinery
408(2)
Arising out of and in the Course of Employment
410(1)
Wright v. Beverly Fabrics
411(3)
Responding to Workplace Injuries
414(7)
PART 5 MANAGING PERFORMANCE
Performance Appraisals, Training, and Development
Clippings
421(1)
Performance Appraisals
421(13)
The Legal Significance of Performance Appraisals
422(1)
Performance Criteria and Standards
423(2)
Performance Appraisal Process
425(1)
Thomas v. Eastman Kodak Co.
426(8)
Training and Development
434(7)
When Is Training Legally Required?
434(3)
Selection of Trainees
437(1)
Hoffman v. Caterpillar
438(3)
The Changing Workplace: Training and the New Psychological Contract
441(8)
Contents of Training Programs
442(1)
Altman v. Minnesota Department of Corrections
443(6)
Privacy on the Job: Information, Monitoring, and Investigations
Clippings
449(1)
Overview of Workplace Privacy Protections
450(6)
Constitutional Protection of Privacy
450(1)
O'Connor v. Ortega
451(2)
Common Law Protection of Privacy
453(2)
Statutory Protection of Privacy
455(1)
Handling Records and Employee Information
456(3)
Personnel Records---The Privacy Act
456(1)
Medical Information
457(2)
Monitoring and Surveillance of Employees
459(2)
Video Surveillance
459(1)
Telephone, E-Mail, and Internet Use---Electronic Communications Privacy Act
460(1)
The Changing Workplace: The Electronic Workplace and Employee Privacy
461(4)
Bohach v. City of Reno
463(2)
Investigation of Employee Conduct
465(16)
Using Outside Investigators
465(1)
Searches
466(1)
Interviews and Interrogations
467(1)
Dietz v. Finlay Fine Jewelry
468(3)
Polygraphs
471(1)
Acting on Results of Investigations
472(9)
PART 6 TERMINATING EMPLOYMENT
Terminating Nonunion, Private Sector Employees---Employment at Will with Exceptions
Clippings
481(1)
Employment at Will with Exceptions
482(1)
Determining Whether a Termination Has Occurred---Constructive Discharge
483(1)
Impermissible Grounds for Termination
484(21)
Termination in Breach of an Implied Contract
485(2)
Jones v. Lake Park Care Center
487(5)
Termination in Retaliation for an Act Supporting Public Policy
492(3)
Gardner v. Loomis Armored
495(5)
Termination Based on or Related to Protected Class Characteristics
500(1)
Kohls v. Beverly Enterprises
501(4)
Handling Terminations
505(8)
Terminating Unionized and Public Employees---Just Cause and Due Process
Clippings
513(1)
Employees Represented by Unions
514(8)
Labor Arbitration in Discipline and Discharge Cases
514(1)
The Meaning of Just Cause
515(3)
The Finality of Arbitration Decisions
518(1)
City of Brooklyn Center v. Law Enforcement Labor Services
519(3)
Public Employees
522(10)
Civil Service and Tenure Laws
522(1)
Constitutional Protections
523(1)
Cleveland Board of Education v. Loudermill
524(3)
Pappas v. Giuliani
527(5)
Other Employees Not Employed at Will
532(7)
Employees with Express Contracts of Employment
532(1)
Montana Wrongful Discharge from Employment Act
533(6)
Downsizing, Unemployment Insurance, and Other Posttermination Issues
Clippings
539(1)
Downsizing
540(15)
The Decision to Downsize
540(2)
Informing Employees of Impending Downsizing---WARN Act
542(2)
Selecting Employees for Downsizing
544(1)
EEOC v. Board of Regents of the University of Wisconsin
545(6)
Early Retirement Offers
551(1)
Effects of Bankruptcy on Labor Agreements, Wages, and Benefits
552(1)
McAuley v. IBM
553(2)
Unemployment Insurance
555(2)
Eligibility Criteria and Benefits
555(1)
Responding to Unemployment Insurance Claims
556(1)
Other Posttermination Issues
557(1)
Restrictive Covenants
557(1)
The Changing Workplace: Employee Mobility in a Knowledge-Based Economy
558(11)
Modern Environments v. Stinnett
559(1)
Trade Secrets and Other Postemployment Legal Issues
560(2)
Omega Optical v. Chroma Technology Corp.
562(7)
Glossary 569(16)
Case Index 585(4)
Subject Index 589


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